KUALA LUMPUR – The Yang di-Pertuan Agong cannot independently exercise the royal prerogative of mercy and must act on the advice of the Pardons Board, the High Court ruled today, affirming the constitutional process outlined in Article 42 of the Federal Constitution.
According to NST Online, Datuk Alice Loke Yee Ching emphasised that the Constitution mandates a strict decision-making process for clemency, which requires the Pardons Board to meet, review the Attorney-General’s opinion, and formally advise the King before any decision is made.
“These requirements do not envisage a decision by the King made independently of the Pardons Board,” Loke was quoted as saying.
“While clemency is a royal prerogative, it must be exercised within the constitutional framework. An order by itself does not render it valid; it must comply with constitutional procedures.”
The ruling came as the court dismissed former prime minister Datuk Seri Najib Razak’s judicial review application, which sought to enforce a royal addendum order permitting him to serve the remainder of his sentence under house arrest.
Loke clarified that the addendum order had not been discussed or decided upon during the 61st meeting of the Pardons Board, which only addressed Najib’s application for a full pardon and a reduction of his prison term. The minutes confirmed that the King’s decision solely concerned a reduction in Najib’s sentence and fine, with no mention of house arrest.
“There was no mention of house arrest, and no advice was tendered by the Pardons Board on the matter,” Loke noted.
“Therefore, the addendum order was not made in compliance with Article 42 and is not a valid exercise of the royal prerogative.”
The judge further rejected arguments that the addendum order could be considered a form of ‘respite’ that could be issued independently of the Pardons Board. She pointed out that the order did not reflect urgency and reaffirmed that Article 42 requires all clemency decisions to go through the Board’s deliberation.
Additionally, Loke ruled that house arrest could not be enforced under Malaysian law, as the discretion to grant release on licence lies solely with the Commissioner-General of Prisons, as stated in Section 43 of the Prisons Act 1995.
“The addendum order removes that discretion and is therefore inconsistent with the statutory framework,” the judge said.
Najib, currently serving a reduced six-year prison sentence for misappropriating RM42 million from SRC International Sdn Bhd, may be released earlier than the scheduled 2028 date due to the possibility of a one-third remission for good behaviour. His lawyer, Tan Sri Muhammad Shafee Abdullah, confirmed this likelihood.
“The date given is 2028, but this does not include the one-third automatic remission, so it’s highly likely he will be released earlier,” Shafee said, as quoted by Malay Mail Online.
If granted remission, Najib could be released as early as 2026 if the RM50 million fine is paid, or in 2027 if the fine remains unpaid.
Najib is also set to face a separate trial on Friday regarding the 1Malaysia Development Berhad (1MDB) scandal, which could lead to additional charges and further prison time. – December 22, 2025